Judge: Lee S. Arian, Case: 22STCV18378, Date: 2024-11-13 Tentative Ruling

Case Number: 22STCV18378    Hearing Date: November 13, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27 

MOTION TO STRIKE ANSWER 

Hearing Date: 11/13/24

CASE NO./NAME: 22STCV18378 ZHOIE PEREZ vs MMR CENTER, INC.

Moving Party: Plaintiff

Responding Party: Defendant MMR Center

Notice: Sufficient¿ 

Ruling: CONTINUED

On September 16, 2024, the court issued a tentative ruling granting Plaintiff’s motion to strike Defendant MMR Center’s answer. During the hearing, Defendant requested a continuance and an opportunity to file an opposition.

On October 28, 2024, Defendant filed the Declaration of Melissa Walters in response to Plaintiff’s Motion. (See Minsal Decl. ¶ 3, Ex. B, Walters Decl.) In her declaration, Ms. Walters states that Defendant MMR Center remains suspended but anticipates achieving good standing and corporate revival by mid-December 2024. Plaintiff states that if this Court is inclined to give Defendant Santillan more time, then Plaintiff requests a trial continuance to afford the parties necessary time to litigate this matter appropriately once Defendant MMR Center’s capacity issues are resolved.

The Court hereby continues this matter to December 22, 2024, at 1:30 p.m. and orders Defendant to file a declaration regarding MMR Center’s revival status no more than 3 days prior to that continued date. Trial is currently scheduled for April 2, 2025. There is sufficient time for Plaintiff to file a motion or stipulation to continue the trial once Defendant’s capacity issue is resolved in December 2024.

PLEASE TAKE NOTICE:

If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept27@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.